Texas 2019 - 86th Regular

Texas House Bill HB1962 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1962
	1	+	By: Lambert, et al. (Senate Sponsor - Hall) H.B. No. 1962
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 20, 2019, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 8,
	6	+	Nays 0; May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1962 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the continuation and functions of the Texas State
6	14		Library and Archives Commission, including the custody and
7		-	ownership of certain state records ~~and real property~~.
	15	+	ownership of certain state records.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Chapter 324, Government Code, is amended by
10	18		adding Sections 324.0085 and 324.0086 to read as follows:
11	19		Sec. 324.0085. LEGISLATIVE RECORDS. (a) The library is
12	20		the depository for any record created or received by the office of a
13	21		member of the legislature or the lieutenant governor during that
14	22		official's term of office.
15	23		(b) The legislative entity that transferred records to the
16	24		library retains ownership and legal custody of those records,
17	25		including records placed in a depository outside the library. The
18	26		legislative entity may retrieve the records for the legislature's
19	27		use. The director and library employees shall assist the
20	28		legislative entity with retrieval of the records and shall return
21	29		the records to the library following the legislature's use.
22	30		(c) The director shall protect privileged or confidential
23	31		legislative records held by the library from public disclosure at
24	32		the direction of the legislative entity that transferred the
25	33		records to the library.
26	34		(d) The director shall receive requests under Chapter 552
27	35		for legislative records held by the library and respond as directed
28	36		by the officer for public information of the legislative entity
29	37		that transferred the records to the library. The director shall
30	38		notify the appropriate officer for public information as soon as
31	39		practicable after receiving a request described by this subsection.
32	40		Sec. 324.0086. PLACEMENT IN OTHER DEPOSITORY. (a) A
33	41		member of the legislature may apply to the board to place records
34	42		that were created or received by the member's office during the
35	43		member's term in a depository other than the library.
36	44		(b) The board shall:
37	45		(1) create a list of preapproved depositories in which
38	46		members of the legislature may place records of their legislative
39	47		offices; and
40	48		(2) by rule adopt policies and procedures to approve
41	49		additional depositories.
42	50		(c) The director is responsible for the preservation of
43	51		records described by Subsection (a) placed in a depository other
44	52		than the library. Ownership and legal custody of the records remain
45	53		with the legislature as provided by Section 324.0085. The records
46	54		may not be intermingled with other holdings of the institution that
47	55		serves as a depository.
48	56		SECTION 2. Section 441.001(q), Government Code, is amended
49	57		to read as follows:
50	58		(q) The Texas State Library and Archives Commission is
51	59		subject to Chapter 325 (Texas Sunset Act). Unless continued in
52	60		existence as provided by that chapter, the commission is abolished
53	61		September 1, 2031 [2019].
54	62		SECTION 3. Section 441.0011, Government Code, is amended by
55	63		amending Subsection (b) and adding Subsection (d) to read as
56	64		follows:
57	65		(b) The training program must provide the person with
58	66		information regarding:
59	67		(1) the law governing [legislation that created the]
60	68		commission operations;
61	69		(2) the programs, functions, rules, and budget of the
62	70		commission;
63	71		(3) the scope of and limitations on the rulemaking
64	72		authority of the commission;
65	73		(4) the results of the most recent formal audit of the
66	74		commission;
67	75		(5) [(4)] the requirements of:
68	76		(A) laws relating to open meetings, public
69	77		information, administrative procedure, and disclosing conflicts of
70	78		interest; and
71	79		(B) other laws applicable to members of a state
72	80		policymaking body in performing their duties; and
73	81		(6) [(5)] any applicable ethics policies adopted by
74	82		the commission or the Texas Ethics Commission.
75	83		(d) The director and librarian shall create a training
76	84		manual that includes the information required by Subsection (b).
77	85		The director and librarian shall distribute a copy of the training
78	86		manual annually to each member of the commission. Each member of
79	87		the commission shall sign and submit to the director and librarian a
80	88		statement acknowledging that the member received and has reviewed
81	89		the training manual.
82	90		SECTION 4. Section 441.006(b), Government Code, is amended
83	91		to read as follows:
84	92		(b) The commission may:
85	93		(1) purchase, as state property, any suitable book,
86	94		picture, or similar item, within the limits of the annual
87	95		legislative appropriation;
88	96		(2) receive a donation or gift of money, property, or
89	97		services on any terms and conditions it considers proper as long as
90	98		the state does not incur financial liability;
91	99		(3) accept, receive, and administer federal funds made
92	100		available by grant or loan to improve the public libraries of this
93	101		state;
94	102		(4) contract or agree with the governing body or head
95	103		of a county, city, or town of this state to meet the terms
96	104		prescribed by the United States and consistent with state law for
97	105		the expenditure of federal funds for improving public libraries;
98	106		[and]
99	107		(5) participate in the establishment and operation of
100	108		an affiliated nonprofit organization whose purpose is to raise
101	109		funds for or provide services or other benefits to the commission;
102	110		and
103	111		(6) use general revenue, grants, donations, gifts,
104	112		and, if authorized by federal law, federal funds to advertise and
105	113		promote commission programs and increase participation in and
106	114		awareness of those programs.
107	115		SECTION 5. Subchapter A, Chapter 441, Government Code, is
108	116		amended by adding Section 441.0065 to read as follows:
109	117		Sec. 441.0065. ADVISORY COMMITTEES. (a) The commission
110	118		may establish an advisory committee to make recommendations to the
111	119		commission on programs, rules, and policies affecting the delivery
112	120		of information services in the state.
113	121		(b) In establishing an advisory committee under this
114	122		section, the commission shall adopt rules regarding:
115	123		(1) the purpose, role, responsibility, and goals of
116	124		the committee;
117	125		(2) the size and quorum requirement of the committee;
118	126		(3) qualifications for committee membership;
119	127		(4) appointment procedures for members;
120	128		(5) terms of service for members;
121	129		(6) training requirements for members;
122	130		(7) a periodic review process to evaluate the
123	131		continuing need for the committee; and
124	132		(8) a requirement that committee meetings be open to
125	133		the public.
126	134		SECTION 6. Sections 441.0945(a) and (b), Government Code,
127	135		are amended to read as follows:
128	136		(a) A county record may be destroyed if the record is listed
129	137		on a valid [the] records schedule and implementation plan [accepted
130	138		for filing by the director and librarian] and either its retention
131	139		period has expired or it has been microfilmed or stored
132	140		electronically in accordance with applicable law.
133	141		(b) The retention period of a record as listed on [director
134	142		and librarian or a person on the staff of the director and librarian
135	143		may reject] the records schedule and implementation plan must be at
136	144		least as long as [for a record if the retention period of the record
137	145		as listed on the plan is less than] the retention period for the
138	146		record established on a records retention schedule issued by the
139	147		commission [by the county records manual. If the plan is rejected,
140	148		the director and librarian or staff person shall file with the
141	149		custodian the rejected schedule and a statement of the reasons for
142	150		rejection not later than the 30th day after the date the director
143	151		and librarian or staff person received the records schedule and
144	152		implementation plan. If a schedule is rejected under this
145	153		subsection, the custodian may submit an amended schedule].
146	154		SECTION 7. Sections 441.095(d) and (e), Government Code,
147	155		are amended to read as follows:
148	156		(d) A custodian may dispose of a county record that is not
149	157		listed on a records retention schedule issued by the commission if,
150	158		not [Not] later than the 10th day before the date the [a] record is
151	159		destroyed, the custodian files and records [shall file and record]
152	160		a notice with the county clerk. The notice must indicate the record
153	161		to be destroyed, how it is to be destroyed, and the date of its
154	162		destruction. On the day the notice is filed, the county clerk shall
155	163		post a copy of it in the same manner that a notice of a meeting is
156	164		posted under Chapter 551.
157	165		(e) The custodian may destroy the record at any time after
158	166		[the director and librarian has approved the destruction and] the
159	167		notice required by Subsection (d) has been posted for 10 days by the
160	168		county clerk.
161	169		SECTION 8. Section 441.153, Government Code, is amended by
162	170		amending Subsection (f) and adding Subsection (g) to read as
163	171		follows:
164	172		(f) Except as otherwise provided by Subsection (g), title
165	173		[Title] to historical resources placed in a depository by the
166	174		commission remains with the commission, and the historical
167	175		resources may not be intermingled with other holdings of the
168	176		institution that serves as a depository.
169	177		(g) A depository may apply to the commission to transfer to
170	178		the depository title to local historical resources placed in the
171	179		depository by the commission. The commission shall approve the
172	180		application only if the transfer of title is in the state's best
173	181		interest. The commission, in consultation with depositories, shall
174	182		adopt rules providing an application procedure and standards for
175	183		evaluating applications to transfer title to local historical
176	184		resources to depositories. This subsection does not authorize the
177	185		commission to transfer title to state historical resources.
178	186		SECTION 9. Section 441.167, Government Code, is amended to
179	187		read as follows:
180	188		Sec. 441.167. ASSISTANCE [STATUTORY FILING] AND
181	189		INFORMATION [REVIEW]. The director and librarian may designate
182	190		employees of the commission to provide assistance and information
183	191		to local governments on records management issues under [act as
184	192		deputies in the approval or disapproval or acceptance or rejection
185	193		for filing of any records control schedule, destruction
186	194		authorization request, electronic storage authorization request,
187	195		or other statutory filing required by] Subtitle C, Title 6, Local
188	196		Government Code, or rules adopted under it.
189	197		SECTION 10. Subchapter J, Chapter 441, Government Code, is
190	198		amended by adding Section 441.169 to read as follows:
191	199		Sec. 441.169. DUTIES OF LOCAL GOVERNMENTS. Each local
192	200		government shall:
193	201		(1) submit to the director and librarian the name of
194	202		the local government's records management officer identified under
195	203		Section 203.001, Local Government Code, or designated under Section
196	204		203.025, Local Government Code, and the name of the new officer in
197	205		the event of a change;
198	206		(2) file a plan or an ordinance or order establishing a
199	207		records management program and any amendments to the plan or
200	208		ordinance or order with the director and librarian as required by
201	209		Sections 203.005 and 203.026, Local Government Code;
202	210		(3) notify the commission at least 10 days before
203	211		destroying a local government record that does not appear on a
204	212		records retention schedule issued by the commission; and
205	213		(4) file with the director and librarian a written
206	214		certification as provided by Section 203.041, Local Government
207	215		Code, that the local government has prepared a records control
208	216		schedule that:
209	217		(A) establishes a retention period for each local
210	218		government record as required by Subchapter C, Chapter 203, Local
211	219		Government Code; and
212	220		(B) complies with a local government records
213	221		retention schedule distributed by the director and librarian under
214	222		Section 441.158 and any other state and federal requirements.
215	223		SECTION 11. Section 441.180, Government Code, is amended by
216	224		adding Subdivision (6-a) and amending Subdivisions (9) and (11) to
217	225		read as follows:
218	226		(6-a) "Legislative record" means any record created or
219	227		received by the office of a member of the legislature or the
220	228		lieutenant governor during the official's term of office.
221	229		(9) "State agency" means:
222	230		(A) any department, commission, board, office,
223	231		or other agency in the executive, legislative, or judicial branch
224	232		of state government created by the constitution or a statute of this
225	233		state and includes[, including] an eleemosynary institution but
226	234		does not include the office of a member of the legislature or the
227	235		lieutenant governor;
228	236		(B) any university system and its components and
229	237		any institution of higher education as defined by Section 61.003,
230	238		Education Code, except a public junior college, not governed by a
231	239		university system board;
232	240		(C) the Texas Municipal Retirement System and the
233	241		Texas County and District Retirement System; and
234	242		(D) any public nonprofit corporation created by
235	243		the legislature whose responsibilities and authority are not
236	244		limited to a geographical area less than that of the state.
237	245		(11) "State record" means any written, photographic,
238	246		machine-readable, or other recorded information created or
239	247		received by or on behalf of a state agency or an elected state
240	248		official that documents activities in the conduct of state business
241	249		or use of public resources. The term includes any recorded
242	250		information created or received by a Texas government official in
243	251		the conduct of official business, including officials from periods
244	252		in which Texas was a province, colony, republic, or state. The term
245	253		does not include:
246	254		(A) library or museum material made or acquired
247	255		and maintained solely for reference or exhibition purposes;
248	256		(B) an extra copy of recorded information
249	257		maintained only for reference; [or]
250	258		(C) a stock of publications or blank forms; or
251	259		(D) a legislative record.
252	260		SECTION 12. Subchapter L, Chapter 441, Government Code, is
253	261		amended by adding Sections 441.1815, 441.1935, and 441.1965 to read
254	262		as follows:
255	263		Sec. 441.1815. STATE ARCHIVES STRATEGIC PLAN. The
256	264		commission, with input from interested persons, shall develop and
257	265		implement a comprehensive strategic plan regarding the state
258	266		archives. The commission shall update the strategic plan at least
259	267		once every five years. The strategic plan must include:
260	268		(1) an assessment of any current archives backlog;
261	269		(2) a prioritized list of projects and goals related
262	270		to the state archives;
263	271		(3) an evaluation of the resources needed to achieve
264	272		the commission's goals related to the state archives, including the
265	273		impact that different amounts of those resources are expected to
266	274		have on the commission's ability to achieve those goals;
267	275		(4) performance measures, targets, and timeframes for
268	276		achieving the commission's goals related to the state archives;
269	277		(5) a mechanism for regular reporting to the
270	278		commission on progress toward achieving the commission's goals
271	279		related to the state archives; and
272	280		(6) opportunities and standards for entering into
273	281		collaborative agreements with interested persons regarding the
274	282		state archives.
275	283		Sec. 441.1935. REQUIREMENTS FOR REQUESTS FOR INFORMATION
276	284		HELD BY STATE ARCHIVES PROGRAM. (a) The commission shall
277	285		promulgate a form that persons must use to request access to
278	286		information held by the state archives program. The form must allow
279	287		the requestor to designate the request either as a request for
280	288		public information made under Chapter 552 or as a research request
281	289		not subject to the requirements of that chapter. The form must
282	290		include:
283	291		(1) a plain-language explanation of the difference
284	292		between a request for public information made under Chapter 552 and
285	293		a research request not subject to the requirements of that chapter;
286	294		(2) the requirements for making and responding to each
287	295		type of request; and
288	296		(3) an option for the requestor to change the type of
289	297		request at any time.
290	298		(b) Notwithstanding any other law, a request for
291	299		information held by the state archives program is considered to be a
292	300		request for public information under Chapter 552 only if the
293	301		requestor makes the request using the form described by Subsection
294	302		(a) and on the form designates the request as a request for public
295	303		information under Chapter 552.
296	304		Sec. 441.1965. SALE OF REPLICAS FROM STATE ARCHIVES. (a)
297	305		The commission may sell replicas of archival state records and
298	306		other historical resources in its custody subject to the approval
299	307		of the commission.
300	308		(b) Money received from the sale of replicas under
301	309		Subsection (a) shall be deposited to the credit of a dedicated
302	310		account in the general revenue fund and may be appropriated only to
303	311		the commission for the purposes of preservation, digitization,
304	312		archives information services, and education.
305	313		SECTION 13. Section 202.001(a), Local Government Code, is
306	314		amended to read as follows:
307	315		(a) A local government record may be destroyed if:
308	316		(1) the record is listed on a valid records control
309	317		schedule [accepted for filing by the director and librarian as
310	318		provided by Section 203.041] and either its retention period has
311	319		expired or it has been microfilmed or stored electronically in
312	320		accordance with the requirements of Chapters 204 and 205;
313	321		(2) the record appears on a list of obsolete records
314	322		[approved by the director and librarian] as provided by Section
315	323		203.044; or
316	324		(3) the [a destruction request is filed with and
317	325		approved by the director and librarian as provided by Section
318	326		203.045 for a] record is not listed on a records retention [an
319	327		approved control] schedule issued by the commission and the local
320	328		government provides notice to the commission at least 10 days
321	329		before destroying the record as required by Section 441.169,
322	330		Government Code.
323	331		SECTION 14. Section 203.002, Local Government Code, is
324	332		amended to read as follows:
325	333		Sec. 203.002. DUTIES AND RESPONSIBILITIES OF ELECTED COUNTY
326	334		OFFICERS AS RECORDS MANAGEMENT OFFICERS. The elected county
327	335		officer shall:
328	336		(1) develop policies and procedures for the
329	337		administration of an active and continuing records management
330	338		program;
331	339		(2) administer the records management program so as to
332	340		reduce the costs and improve the efficiency of recordkeeping;
333	341		(3) [prepare and file with the director and librarian
334	342		the records control schedules and amended schedules required by
335	343		Section 203.041 and the list of obsolete records as provided by
336	344		Section 203.044;
337	345		[(4) prepare requests for authorization to destroy
338	346		records not on an approved control schedule as provided by Section
339	347		203.045, requests to destroy the originals of permanent records
340	348		that have been microfilmed as provided by Section 204.008, and
341	349		electronic storage authorization requests as provided by Section
342	350		205.007;
343	351		[(5)] identify and take adequate steps to preserve
344	352		records that are of permanent value;
345	353		(4) [(6)] identify and take adequate steps to protect
346	354		the essential records of the office;
347	355		(5) [(7)] ensure that the maintenance, preservation,
348	356		microfilming, destruction, or other disposition of records is
349	357		carried out in accordance with the policies and procedures of the
350	358		records management program and the requirements of this subtitle
351	359		and rules adopted under it; and
352	360		(6) [(8)] cooperate with the commission in its conduct
353	361		of statewide records management surveys.
354	362		SECTION 15. Section 203.023, Local Government Code, is
355	363		amended to read as follows:
356	364		Sec. 203.023. DUTIES OF RECORDS MANAGEMENT OFFICER. The
357	365		records management officer in each local government shall:
358	366		(1) assist in establishing and developing policies and
359	367		procedures for a records management program for the local
360	368		government;
361	369		(2) administer the records management program and
362	370		provide assistance to custodians for the purposes of reducing the
363	371		costs and improving the efficiency of recordkeeping;
364	372		(3) in cooperation with the custodians of the
365	373		records,[:
366	374		[(A)] prepare [and file with the director and
367	375		librarian] the records control schedules and amended schedules
368	376		required by Section 203.041 and the list of obsolete records as
369	377		provided by Section 203.044[; and
370	378		[(B) prepare or direct the preparation of
371	379		requests for authorization to destroy records not on an approved
372	380		control schedule as provided by Section 203.045, of requests to
373	381		destroy the originals of permanent records that have been
374	382		microfilmed as provided by Section 204.008, and of electronic
375	383		storage authorization requests as provided by Section 205.007];
376	384		(4) in cooperation with custodians, identify and take
377	385		adequate steps to preserve local government records that are of
378	386		permanent value;
379	387		(5) in cooperation with custodians, identify and take
380	388		adequate steps to protect essential local government records;
381	389		(6) in cooperation with custodians, ensure that the
382	390		maintenance, preservation, microfilming, destruction, or other
383	391		disposition of records is carried out in accordance with the
384	392		policies and procedures of the local government's records
385	393		management program and the requirements of this subtitle and rules
386	394		adopted under it;
387	395		(7) disseminate to the governing body and custodians
388	396		information concerning state laws, administrative rules, and the
389	397		policies of the government relating to local government records;
390	398		and
391	399		(8) in cooperation with custodians, establish
392	400		procedures to ensure that the handling of records in any context of
393	401		the records management program by the records management officer or
394	402		those under the officer's authority is carried out with due regard
395	403		for:
396	404		(A) the duties and responsibilities of
397	405		custodians that may be imposed by law; and
398	406		(B) the confidentiality of information in
399	407		records to which access is restricted by law.
400	408		SECTION 16. The heading to Section 203.041, Local
401	409		Government Code, is amended to read as follows:
402	410		Sec. 203.041. PREPARATION [AND FILING] OF RECORDS CONTROL
403	411		SCHEDULES.
404	412		SECTION 17. Sections 203.041(a), (d), (f), and (g), Local
405	413		Government Code, are amended to read as follows:
406	414		(a) On or before January 4, 1999, the records management
407	415		officer shall [prepare and file with the director and librarian]:
408	416		(1) prepare a records control schedule listing the
409	417		following records and establishing a retention period for each as
410	418		provided by Section 203.042:
411	419		(A) all records created or received by the local
412	420		government or elective county office;
413	421		(B) any record no longer created or received by
414	422		the local government or elective county office that is still in its
415	423		possession and for which the retention period on a records
416	424		retention schedule issued by the commission has not expired; and
417	425		(C) any record no longer created or received by
418	426		the local government or elective county office that is still in its
419	427		possession and for which the retention period on a records
420	428		retention schedule issued by the commission has expired but which
421	429		will not be destroyed as provided by Section 203.044; and [or]
422	430		(2) [the records management officer, in lieu of filing
423	431		a records control schedule, may] file with the director and
424	432		librarian a written certification of compliance that the local
425	433		government or the elective county office has adopted records
426	434		control schedules that comply with the minimum requirements
427	435		established on records retention schedules issued by the
428	436		commission.
429	437		(d) The records management officer shall review the records
430	438		control schedules of the local government or elective county office
431	439		and prepare amendments to the schedules as needed to reflect new
432	440		records created or received by the government or office or
433	441		revisions to retention periods established in a records retention
434	442		schedule issued by the commission. The records management officer
435	443		shall file with the director and librarian a written certification
436	444		of compliance that the local government or the elective county
437	445		office has amended the records control schedules to comply with the
438	446		minimum requirements established on records retention schedules
439	447		issued by the commission [Amendments to records control schedules
440	448		shall be filed with the director and librarian in the same manner as
441	449		the original schedules].
442	450		(f) Records control schedules may be prepared [filed] on an
443	451		office-by-office basis or on a department-by-department basis
444	452		within each office.
445	453		(g) A local government that intends to retain all records
446	454		permanently or that destroys only those records for which no
447	455		retention periods have been established in a records retention
448	456		schedule established under Section 441.158, Government Code, is not
449	457		required to prepare [submit] a records control schedule under this
450	458		section.
451	459		SECTION 18. Section 204.007(a), Local Government Code, is
452	460		amended to read as follows:
453	461		(a) The [Except as provided by Section 204.008, the]
454	462		original of a record that has been microfilmed pursuant to this
455	463		chapter and rules adopted under it may be destroyed before the
456	464		expiration of its retention period on a records retention schedule
457	465		issued by the commission.
458	466		SECTION 19. Sections 205.008(a) and (c), Local Government
459	467		Code, are amended to read as follows:
460	468		(a) The source document, if any, for electronically stored
461	469		local government record data covered by rules adopted under Section
462	470		205.003(a) [205.007(a)] may be destroyed or returned to the person
463	471		who filed it for record [if the electronic storage authorization
464	472		request is approved].
465	473		(c) The source document, if any, for electronically stored
466	474		local government record data not covered by rules adopted under
467	475		Section 205.003(a) [205.007(a)] may be destroyed before the
468	476		expiration of the retention period for the source document in a
469	477		records retention schedule issued by the commission if the magnetic
470	478		tape, optical disk, or similar medium and hardware and software
471	479		necessary to provide access to local government record data on the
472	480		media are retained for the retention period in the schedule.
473	481		Conversely, the magnetic tape, optical disk, or similar medium may
474	482		be erased, written over, or destroyed before the expiration of the
475	483		retention period for a source document for local government record
476	484		data not covered by rules adopted under Section 205.003(a)
477	485		[205.007(a)], if the source document, if any, is retained until the
478	486		expiration of its retention period or, if the source document has
479	487		already been destroyed, paper or microfilm copies are generated
480	488		from the magnetic tape, optical disk, or similar medium before
481	489		destruction or erasure and retained until the expiration of the
482	490		retention period for the source document.
483	491		SECTION 20. (a) The following provisions of the Government
484	492		Code are repealed:
485	493		(1) Section 441.094(e);
486	494		(2) Section 441.0945(c); and
487	495		(3) Sections 441.095(a), (b), and (c).
488	496		(b) The following provisions of the Local Government Code
489	497		are repealed:
490	498		(1) Sections 203.041(c) and (h);
491	499		(2) Section 203.042(c);
492	500		(3) Section 203.043;
493	501		(4) Sections 203.044(c) and (d); and
494	502		(5) Sections 203.045, 204.008, and 205.007.
495	503		SECTION 21. (a) Except as provided by Subsection (b) of
496	504		this section, Section 441.0011, Government Code, as amended by this
497	505		Act, applies to a member of the Texas State Library and Archives
498	506		Commission who is appointed before, on, or after the effective date
499	507		of this Act.
500	508		(b) A member of the Texas State Library and Archives
501	509		Commission who, before the effective date of this Act, completed
502	510		the training program required by Section 441.0011, Government Code,
503	511		as that law existed before the effective date of this Act, is only
504	512		required to complete additional training on the subjects added by
505	513		this Act to the training program required by Section 441.0011,
506	514		Government Code. A commission member described by this subsection
507	515		may not vote, deliberate, or be counted as a member in attendance at
508	516		a meeting of the commission held on or after December 1, 2019, until
509	517		the member completes the additional training.
510	518		(c) Not later than March 1, 2020, the Texas State Library
511	519		and Archives Commission shall promulgate a form as required by
512	520		Section 441.1935, Government Code, as added by this Act.
513	521		(d) Not later than September 1, 2020, the Texas State
514	522		Library and Archives Commission shall:
515	523		(1) adopt rules providing an application process and
516	524		standards for transfer of title to local historical resources under
517	525		Section 441.153(g), Government Code, as added by this Act; and
518	526		(2) develop a strategic plan for the state archives
519	527		program as required by Section 441.1815, Government Code, as added
520	528		by this Act.
521	529		(e) Not later than September 1, 2020:
522	530		(1) the Texas State Library and Archives Commission
523	531		shall transfer custody and ownership of all legislative records, as
524	532		defined by Section 441.180(6-a), Government Code, as added by this
525	533		Act, to the Legislative Reference Library; and
526	534		(2) the Legislative Library Board shall create a list
527	535		of preapproved depositories and adopt rules as required by Section
528	536		324.0086(b), Government Code, as added by this Act.
529		-	SECTION 22.
530		-	(a) Subject to Subsection (b) of this section,
531		-	as soon as practicable after the effective date of this Act, the
532		-	General Land Office on behalf of the State of Texas shall grant to
533		-	the City of Austin, by an appropriate instrument of conveyance, a
534		-	permanent easement in the property owned by the State of Texas and
535		-	described by Subsection (d) of this section.
536		-	(b) Consideration for the easement to be granted under
537		-	Subsection (a) of this section is the requirement that the City of
538		-	Austin use the easement primarily to promote a public purpose of the
539		-	state by using the easement primarily as a sidewalk, trail, and
540		-	recreation easement and thereby promoting public health and general
541		-	welfare and providing recreation, beautification, and civic
542		-	improvement. The easement automatically terminates if the City of
543		-	Austin:
544		-	(1) uses the easement in a manner that fails to promote
545		-	a public purpose of the state described by this subsection of this
546		-	section; or
547		-	(2) sells or transfers all or any part of the easement.
548		-	(c) The City of Austin shall reimburse the General Land
549		-	Office for the expenses incurred by the General Land Office in
550		-	connection with granting the easement under this section of this
551		-	Act.
552		-	(d) The easement referred to in this section is in the
553		-	property described as follows:
554		-	DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND
555		-	LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT
556		-	NO. 697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT
557		-	TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE
558		-	STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE
559		-	AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME
560		-	76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY,
561		-	TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY
562		-	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
563		-	BEGINNING, at a 60d nail found in the north line of that 1.51 acre
564		-	tract of land conveyed to the City of Austin in a Gift Deed Of Land
565		-	recorded in Volume 5154, Page 2230, of said Deed Records, same being
566		-	a corner in the easterly line of THE GROVE AT SHOAL CREEK, according
567		-	to the map or plat thereof recorded in Document No. 201800146, of
568		-	the Official Public Records of said County, and the northwest
569		-	corner of the herein described tract, from which a 1/2 inch iron rod
570		-	found for the northwest corner of said 1.51 acre tract, bears North
571		-	62°26'39" West, a distance of 41.93 feet;
572		-	THENCE, North 01°22'52" East (bearing basis), with said easterly
573		-	line of THE GROVE AT SHOAL CREEK, a distance of 151.80 feet to the
574		-	northwest corner of the herein described tract, from which a, X mark
575		-	in rock found for a corner in said easterly line bears, North
576		-	01°22'52" East, a distance of 362.51 feet;
577		-	THENCE, departing said easterly line and over and across said State
578		-	of Texas tract the following four (4) courses and distances:
579		-	1. South 85°36'10" East,, a distance of 130.18 feet;
580		-	2. South 01°22'52" West, a distance of 149.86 feet to the to
581		-	the beginning of a curve to the left;
582		-	3. With said curve to the left, having a radius of 50.00
583		-	feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a
584		-	chord which bears South 30°31'53 East, a distance of 52.86 feet to
585		-	the end of said curve;
586		-	4. South 62°26'39" East, a distance of 191.49 feet to the
587		-	northeast corner of the herein described tract, being in the
588		-	curving west right-of-way line of Shoal Creek Boulevard (80'
589		-	right-of-way - no dedication found), from which a 1/2 inch iron rod
590		-	found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK
591		-	VILLAGE, according to the map or plat thereof recorded in Volume 97,
592		-	Page 35, of said Plat Records, bears South 83°30'05' East a distance
593		-	of 84.97 feet;
594		-	THENCE, with said west right-of-way line and with said non-tangent
595		-	curve to the left, having a radius of 318.41 feet, an arc length of
596		-	25.15 feet, a delta angle of 04°31'32", and a chord which bears South
597		-	21°25'26" West, a distance of 25.14 feet to the southeast corner of
598		-	the herein described tract, same being the northeast corner of Lot
599		-	5, SHOAL COURTS, according to the map or plat thereof recorded in
600		-	Volume 6, Page 280, of said Plat Records;
601		-	THENCE, North 62°26'39" West, with the north line of said Lot 5,
602		-	passing a 1/2 inch iron rod found in a concrete retaining wall for
603		-	the northwest corner of said Lot 5 and the northeast corner of said
604		-	1.51 acre tract at a distance of 155.49 (record 155.75) feet and
605		-	continuing for a total distance of 357.88 feet the POINT OF
606		-	BEGINNING containing 0.667 of one acre of land within these metes
607		-	and bounds.
608		-	Subject tract described herein is an easement. No monumentation set
609		-	for corners.
610		-	Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK. North
611		-	01°22'52" East
612		-	SECTION 23. This Act takes effect September 1, 2019.
613		-	______________________________ ______________________________
614		-	President of the Senate Speaker of the House
615		-	I certify that H.B. No. 1962 was passed by the House on April
616		-	10, 2019, by the following vote: Yeas 144, Nays 3, 1 present, not
617		-	voting; and that the House concurred in Senate amendments to H.B.
618		-	No. 1962 on May 24, 2019, by the following vote: Yeas 138, Nays 2,
619		-	2 present, not voting.
620		-	______________________________
621		-	Chief Clerk of the House
622		-	I certify that H.B. No. 1962 was passed by the Senate, with
623		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
624		-	0.
625		-	______________________________
626		-	Secretary of the Senate
627		-	APPROVED: __________________
628		-	Date
629		-	__________________
630		-	Governor
	537	+	SECTION 22. This Act takes effect September 1, 2019.
	538	+	* * * * *